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STATE v. DURAN

No. 20040421-CA.

131 P.3d 246 (2005)

2005 UT App 409

STATE of Utah, Plaintiff and Appellee, v. Bernadette DURAN, Defendant and Appellant.

Court of Appeals of Utah.

September 29, 2005.

Attorney(s) appearing for the Case

Samuel Bailey, Bailey & Torgenson PLLC, Price, for Appellant.

Mark L. Shurtleff, Attorney General, and Jeanne B. Inouye, Assistant Attorney General, Salt Lake City, for Appellee.

Before GREENWOOD, McHUGH, and THORNE, JJ.

OPINION (For Official Publication)

McHUGH, Judge:

¶ 1 Defendant Bernadette Duran appeals the trial court's denial of her motion to suppress evidence. We reverse.

BACKGROUND

¶ 2 On April 12, 2003, Lance Horvath's brother (Brother) met with Price City Police Officer William Barnes and communicated to Officer Barnes that Horvath appeared to be using drugs on Horvath's mother's (Mother) property. At the time, Horvath was residing...

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